Supervision And Inspection Procedures In Conditional Non-prosecution And Its Improvement

In 2012,my country’s"Criminal Procedure Law" set up a special chapter in the criminal procedure of juveniles to stipulate the conditional non-prosecution system,providing a new non-penalty treatment measure for juvenile criminal suspects,reflecting the "education,probation,rescue" guidelines.As an important part of the conditional non-prosecution system,the supervision and inspection procedure is used to educate and correct the mental and behavioral deviations of juvenile criminal suspects,avoid re-offending,and prompt them to actively compensate for previous.criminal behaviors to individuals,society,and the country.At the same time,it lays a solid foundation for its better return to society,so as to achieve the purpose of combining general prevention with special prevention,saving judicial resources,and judicial protection of minors.Compared with ’Japan,Germany,and the United States,the conditional non-prosecution system in my country started late,and the development time is not long.The system needs to be further improved.This article will discuss the supervision and inspection procedures and improvements in the conditional non-prosecution from the following four parts Expand discussion.The first part first analyzes article 283 of the Criminal Procedure Law and the"Guidelines for Juvenile Procuratorial Work" issued by the Supreme People’s Procuratorate on the subject of supervision and inspection,the period of supervision and inspection,and the period of supervision and inspection of juvenile criminal suspects contents such as regulations that should be followed.Secondly,the author further consulted the relevant experience and practices of Beijing and Shanghai where the supervision and inspection procedures are relatively mature in our country,and obtained a summary of the experience through comparative analysis,which can provide reference for improving the supervision and inspection procedures of our country.The second part starts by combining the relevant laws and regulations on the supervision and inspection procedures in the first part and the reasons for the poor supervision and inspection work in the current judicial practice,and analyzes the problems existing in the current supervision and inspection procedures in my country,that is,the lack of personnel and professionalism of the prosecution Insufficient,the main bodies of supervision and investigation have not played their actual role;the content of supervision and investigation is vague,lacking in pertinence and easy to flow into form;procuratorial organs have greater discretion;non-local juvenile criminal suspects have difficulties in conducting supervision and investigation and local juvenile criminal suspects People are treated differently.The third part refers to the Japanese rehabilitation protection system,the German conditional non-prosecution system,and the pretrial triage system in the United States regarding the legal evolution of the supervision and inspection of juvenile criminal suspects,the content of the supervision and inspection,and the subjects of the supervision and inspection.It further analyzes the common points and special features of foreign experience,and provides a reference point for perfecting our country’s supervision and inspection procedures.The fourth part puts forward relevant suggestions to solve the problems in the current supervision and inspection procedures in my country based on the integration of my country’s current main supervision and inspection models and foreign experience.For example,the procuratorate sets up a supervisor,accurately distinguish basic matters and incidental sanctions,highlight the independence and core status of incidental sanctions,formulate targeted supervision and inspection content,adopt necessary restrictions on the discretionary power of procuratorial organs,improve the coordination mechanism for supervision and inspection in other places,and adopt the observation base Various types of supervision and inspection models are proposed,in order to give full play to the effectiveness of supervision and inspection,and to provide reasonable,effective,and scientific non-penalty treatment measures for juvenile criminal suspects.